2005-425464
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Recording Requested By:
City of Encinitas
MAY 19, 2005 3:50 PM
OFFICIAL RECORDS
'"AN DIEGO C1JUNT\' REClJRDER'S OFFICE
GF:EGOF:'( J Sf,IITH, COUIHY RECOF:DER
FEES 0,00
[lC NA
P,;.GES 10
When Recorded Mail to:
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
FOR THE BENEFIT OF THE CITY
111111111111 nllllllll Rill 1111111111 nllllllll 01111111111111 1111111111111101
GRANT OF EASEMENT FOR CITY HIGHWAY
Assessor's Parcel No.
258-240-46
CJ
DOCUMENTARY TRANSFER TAX $
THIS AGREEMENT is made this / t9 ~ day of May, 2005, by and between
SCRIPPS HEALTH, a California nonprofit public benefit corporation ("Grantor"), and CITY OF
ENCINITAS, STATE OF CALIFORNIA ("Grantee").
WHEREAS, Grantee desires to acquire an easement ("Easement") in a portion of
Grantor's property commonly known as 354 Santa Fe Drive, Encinitas, California 92024 (the
"Land"), which easement is described in Exhibit "A" and depicted on Exhibit "B," for
construction, use and maintenance of a public highway upon, over and across the area described
in Exhibit "A" and depicted on Exhibit "B" ("Easement Area").
NOW, THEREFORE,
1. In exchange for consideration of Seven Thousand Seven Hundred and Fifty
Dollars ($7,750), receipt of which is hereby acknowledged, Grantor hereby grants to Grantee a
nonexclusive easement over and across the Land described in Exhibits A and B for so long as the
Easement Area is used exclusively as a public highway and provided that future develoDment
and access to the ScriDDs Health Darcel is not imDeded bv this easement
2. Grantee shall maintain the Easement Area and any improvements constructed or
installed thereon by Grantee or associated with Grantee's use of the Easement Area. The
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operation and maintenance of such improvements and of the Easement Area shall be at Grantee's
sole cost and expense.
3. This Easement is subject to all liens, encumbrances, covenants, conditions,
restrictions, reservations, contracts, leases and licenses, easements, and rights of way pertaining
to the Land, whether or not of record. The use of the word "grant" shall not imply any warranty
on the part of the Grantor with respect to the Easement or the Easement Area.
4. Grantee, at its sole expense, shall comply with all applicable laws, ordinances and
regulations, including but not limited to all applicable regulatory, environmental and safety
requirements.
5. Grantee shall not use, deposit or permit the use or deposit of any hazardous
material, toxic waste or other harmful substances on the Land or on any other real property of
Grantor adjacent to the Easement Area.
6. Grantee shall not materially interfere with the use by and operation and activities
of Grantor on its property, and Grantee shall use such routes and follow such procedures on
Grantor's property as result in the least damage and inconvenience to Grantor.
7. Grantee shall be responsible for any damage to Grantor's property or that of third
parties resulting from any exercise of the rights herein granted, including but not limited to soil
erosion, subsidence or damage resulting there from. Grantee shall promptly repair and restore to
its original condition any of Grantor's property, including, but not limited to, roads, utilities,
irrigation, landscaping, buildings and fences that may be altered, damaged or destroyed in
connection with the exercise of the Easement or use of the Easement Area.
8. This Grant of Easement is made on the express condition that Grantor accepts no
liability of any kind, to any party, from whatever cause arising out of Grantee's, its contractors',
agents', officers', members', employees', invitees', or licensees' exercise of rights granted
pursuant to this Easement or use of the Easement Area or of the improvements or personal
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property of Grantee thereto or thereon, including but not limited to any liability for injury or
death to the person or property of Grantee, its contractors, agents, officers, members, employees,
invitees, or licensees or to any property under the control or custody of Grantee. Grantee agrees
to defend and indemnify Grantor, its officers, employees, agents, invitees and licensees, and to
hold them harmless from any and all liability, loss, costs, or obligations on account of, or arising
out of, any such injury or losses caused or claimed to be caused by the exercise of the Easement
or use of the Easement Area by Grantee, however occurring, other than those caused solely by
the willful or negligent acts or omissions of Grantor.
9. Grantor may request termination this Easement and all of the rights granted herein
at any time cornmencing six (6) months after the discontinuation of use of the Easement Area by
Grantee as a public highway. In the event of such termination, the Easement shall be vacated
pursuant to street vacation procedures under the State of California Streets and Highway Code,
without expense to Grantor, and any and all interest in Grantor's Land conveyed in this
Easement shall automatically revert to Grantor or its assigns and successors, without the
necessity of any further action to effect said reversion.
10. Grantee shall pay any and all taxes, charges or use fee(s) levied by any
governmental agency against Grantee's interest in the Easement Area, or against any of
Grantor's real property as a result of the Easement herein granted. Grantee shall not cause liens
of any kind to be placed against the Easement Area or any of Grantor's real property.
II. This instrument contains the entire agreement between the parties relating to the
rights herein granted and the obligations herein assumed. Any oral representations or
modifications concerning this instrument shall be of no force or effect except in a subsequent
modification in writing, signed by the party to be charged.
12. This instrument shall bind and inure to the benefit of the respective successors
and assigns of the parties hereto.
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IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
GRANTOR:
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GRANTEE:
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CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC
STATE OF CALIFORNIA, )
COUNTY OF SAN DIEGO )
On May 16. 2005 before me, patricia Manners , a notary
public in and for said County and State, personally appeared
Richard Rothberger personally known to me (or proved to me on the basis
of satisfactory evidence) to be the person(s) whose name(s)i:!Iare subscribed to the within
instrument and acknowledged to me that ~they executed the same in i1i&ftef/their authorized
capacity(is), and that by iJi&Iher/their signature( s) on the instrument the person( s), or the entity upon
behalf of which the person( s), acted, executed the instrument.
WITNESS my hand and official seal.
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(Sil\llature of Notary Public)
CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC
STATE OF CALIFORNIA, )
COUNTY OF SAN DIEGO )
On May 16. 2006 before me, Patricia Mannp.T" , a notary
public in and for said County and State, personally appeared
James A. Seekamp personally known to me (or proved to me on the basis
of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in hislher/theiF authorized
capacity(is), and that by hislherltheir signature( s) on the instrument the person( s), or the entity upon
behalf of which the person( s), acted, executed the instrument .
WITNESS my hand and official seal.
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(Signature of Notary Public)
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. PATR,CIA MANNERS
~ Commission Ii 1305398
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CALlFOR'NIA ALL.PURPOSE ACKNOWLEDGMENT
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<<:I 1997 National Notary Association. 9350 De SOlo Ave., P_O. Box 2402 . Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call TolI.free 1-800-876-6827
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to be the person(s) whose name(s) <GMre
subscribed to the wit~ instrument and
acknowledged to me~t(he,l5he/they executed
the same in ~er/their authorized
capacity(ies), and that by tifSiher/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
RANOA G. MIU,JOUR
Ci. '111.10""1389205 I
NIlIc . CalIfomII
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Place Notary Seal Above
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Signal eol Notary Public
OPTIONAL
Though the information below is not required by Jaw. it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacily(ies) Claimed by Signer
Signer's Name:
o Individual
o Corporate Officer - Tille(s):
o Partner -::::J Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
.
Top of thumb nere
Signer Is Representing:
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This is to certify that the interest in real property conveyed by deed or grant to the City of
Encinitas, a Municipal Corporation, is hereby accepted by the undersigned agent on behalf of the
City Council of the City of Encinitas pursuant to authority conferred by Resolution of the City
Council of the City of Encinitas adopted on November 9, 1994 and the grantee consents to
recordation thereof by its du1y authorized officer.
Dated:
0- ~h /t'J~-
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By:
Peter Cota-Robles, P.E.
Director of Engineering Services
City ofEncinitas
(Notarization not required)
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EXHIBIT "A"
ROAD EASEMENT
APN 258-240-46
THAT PORTION OF THE SOUTHERLY 700.03 FEET OF THE WESTERLY 311.15
FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE
AND MERIDIAN IN THE COUNTY OF SAN DIEGO STATE OF CALIFORNIA,
ACCORDING TO THE OFFICIAL PLAT THEREOF, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHERLY 700.03 FEET;
THENCE ALONG THE SOUTHERLY LINE OF SAID SOUTHERLY 700.03 FEET
SOUTH 89030'46" EAST 51.29 FEET; THENCE LEAVING SAID SOUTHERLY LINE
NORTH 00029'14" EAST 51.00 FEET TO A POINT ON THE NORTHERLY LINE OF
SANTA FE DRIVE ROAD EASEMENT PER DOCUMENT RECORDED MARCH 28,
1979 AS FILE NO. 79-127165 OF OFFICIAL RECORDS, SAID POINT BEING THE
TRUE POINT OF BEGINNING;
1. THENCE ALONG SAID NORTHERLY LINE NORTH 89030'46" WEST 0.61 FEET
TO THE BEGINNING OF A TANGENT 20.00-FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY;
2. THENCE CONTINUING ALONG SAID NORTHERLY LINE AND ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90032'41", A DISTANCE OF
31.61 FEET TO A POINT ON THE EASTERLY LINE OF DEVONSHIRE DRIVE
ROAD EASEMENT PER DOCUMENT RECORDED OCTOBER 24, 1958 AS FILE
NO. 177111 OF OFFICIAL RECORDS;
3. THENCE ALONG SAID EASTERLY LINE NORTH 01001'55" EAST 24.11 FEET TO
THE BEGINNING OF A NON-TANGENT 48.00-FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 68032'19"
WEST;
4. THENCE LEAVING SAID EASTERLY LINE SOUTHEASTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5043'22", A DISTANCE OF
4.79 FEET TO THE BEGINNING OF AN 82.00-FOOT RADIUS REVERSE CURVE
CONCAVE SOUTHWESTERLY;
5. THENCE CONTINUING SOUTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 16025'20", A DISTANCE OF 23.50 FEET TO
THE BEGINNING OF A NON-TANGENT 36.00-FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 79013'55"
WEST;
6. THENCE CONTINUING SOUTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 24012'16", A DISTANCE OF 15.21 FEET TO
THE BEGINNING OF A NON-TANGENT 13.00-FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 55012'06"
WEST;
Page 1 of 2
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7. THENCE CONTINUING SOUTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 27004'05", A DISTANCE OF 6.14 FEET TO
THE TRUE POINT OF BEGINNING;
AREA = 310 SQ. FT., MORE OR LESS
SIGNATURE
DATE: /'Z-(-tJt{.
Page 2 of 2
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EXHIBIT "B"
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OF SW 1/4 OF SEC. 15 I Z
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'-- 589'30'46' E 51.29' ____ ct
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E'L Y UNE ROAD W
EASEMENT REC.
OCT. 24, 1958
AS FILE NO.
I 17711 O.R.
30'
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ROAD EASEMENT
AREA = 310 SQ. FT.
P.O.B. POINT OF BEGINNING
T.P.O.B. TRUE POINT OF BEGINNING
REVISED BY:
DRAWN BY: KA
CHECKED BY: MA
APPROVED BY:
258-240-46
N'L Y UNE ROAD EASEMENT
REC. MAR. 28. 1979 AS
FILE NO. 79-127165 O.R.
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SANTA FE DRIVE
ROAD EASEMENT
APN 258-240-46
SCRIPPS HEALTH
TAIlUI.AlED CUlM DATA
CURVE DaTA RADIUS LENGTH
C1 90"32'41' 20.00 31.61'
C2 5'43'22" 48.00 4.79'
C3 16'25'20' 82.00' 23.50'
C4 2412'16' 36.00' 15.21'
es 27'04'05' 13.00' 6.14'
QTY OF ENCINITAS
SA
l' - 20'
DOC. NO.
DATE:
DA TE:ll 29 04
DATE:12-07-04
DATE:
DWG. NO.